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ARTICLE · 01 MARCH 2018

Life on the edge: an honest cheater?

The discussion put forward is particularly relevant to the commission of white-collar crime offences such as fraud.

AustraliaCriminal Law

Ivey v Genting Casinos (UK) Ltd, t/a Crockfords [2017] UKSC 67

The decision of the Supreme Court of the United Kingdom late last year in Ivey v Genting Casinos (UK) Ltd1 has sparked significant commentary due to its relevance to the historically disparate domains of criminal law and contractual interpretation. The case dissects the notion of 'cheating' in the context of gambling and casts light on what is required to prove that certain conduct is 'dishonest'. The discussion put forward is particularly relevant to the commission of white-collar crime offences such as fraud.

Facts

Mr Phil Ivey, described by some as the 'world's best poker player', initiated civil proceedings to recover £7.7 million in winnings from London casino, Crockfords. The casino had previously refused to pay out his winnings on the basis that Mr Ivey had cheated at the game of Baccarat. Mr Ivey, and his associate, Ms Sun (also a professional gambler) utilised a playing strategy known as

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